The employer and employees disagreed about whether an element of holiday pay had been included in the rate of pay.
Held: There had to be an explicit agreement between the parties before this could happen. It was not for one side unilaterally to impose its own understanding of the contract. The regulations referred to ‘contractual’ rates, which required agreement. If the employee had not agreed that the sum paid included a sum in respect of a period of leave, it was no part of the contract that the sum included an element of holiday pay. The decision of the Employment Tribunal was re-instated.
Judges:
Lord Justice Pill, Lord Justice Robert Walker and Sir Martin Nourse
Citations:
Times 22-Aug-2002, [2002] EWCA Civ 1037
Links:
Statutes:
Working Time Regulations 1998 (1998 No 1833) 16(5)
Jurisdiction:
England and Wales
Citing:
Cited – MPB Structure Ltd v Alexander Michael James Munro EAT 28-Mar-2002
The company appealed a finding that a provision of their contract was void as purporting to make payments of wages in lieu of holiday pay.
Held: The aim of the regulations was to ensure that people did receive the holidays to which they were . .
Cited – The College of North East London v Leather EAT 30-Nov-2001
A part-time college lecturer claimed holiday pay under Regulation 13. Her rate of pay was calculated with the apparent aim of achieving equivalence with the remuneration of full-time lecturers. The Employment Tribunal referred to the findings of the . .
Appeal from – Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v Blackburn etc EAT 1-Nov-2000
The respondents appealed a finding that they were not due to make additional holiday pay under the regulations. The employer asserted that the hourly rate of pay included a rolled up element of holiday and sick pay. The employee asserted that the . .
Cited by:
Appealed to – Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v Blackburn etc EAT 1-Nov-2000
The respondents appealed a finding that they were not due to make additional holiday pay under the regulations. The employer asserted that the hourly rate of pay included a rolled up element of holiday and sick pay. The employee asserted that the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 June 2022; Ref: scu.174717